Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Ucrania (Ratificación : 2000)

Article 3 of the Convention and Part V of the report form. Worst forms of child labour and the application of the Convention in practice. Clause (a). Sale and trafficking of children. The Committee observed that section 149 of the Criminal Code prohibits the sale and trafficking in persons for the purpose of sexual exploitation, use in the pornographic industry, engagement in criminal activities, peonage, adoption for commercial purposes, and use in armed conflict and labour exploitation. Subsection (2) provides for a higher penalty when this offence is committed against a minor. It also noted that section 150-1 of the Criminal Code provides for penalties for the offence of using or coercing a child for begging. The Committee, however, noted that, according to the ILO–IPEC publication entitled “Child trafficking – The people involved: A synthesis of findings from Albania, Republic of Moldova, Romania and Ukraine”, 2005 (pages 14–15), Ukraine is not only a source country of trafficking victims but also an important transit route from other countries in the region. Moreover, the Committee noted that, according to the report of the Special Rapporteur on the sale of children, child prostitution, and child pornography of 24 January 2007 (A/HRC/4/31/Add.2, paragraphs 48–53), trafficking in children through and from Ukraine is a major problem. In respect of cross-border trafficking, girls are sent to the Russian Federation, Turkey, Poland, the Czech Republic, Italy and the United Arab Emirates (UAE). Boys are sent to the Russian Federation, Poland, Republic of Moldova, Turkey and Romania. Children trafficked across borders are exploited in street-vending, domestic labour, agriculture, dancing, employment as waiters and for sexual services. Trafficked children are obliged to work long hours (often eight hours a day) and frequently at night. Considering the seriousness of the problem related to trafficking in children, within and outside Ukraine, the Committee requested the Government to strengthen its efforts to combat and eliminate the trafficking of children under 18 years as well as to provide information on the practical application of the penalties laid down in sections 149, 150, 304 and 150-1 of the Criminal Code.

The Committee notes the Government’s information that in 2009, a criminal activity of a transnational group which was engaged in the recruitment and trafficking of Ukrainian nationals to Turkey for sexual exploitation was uncovered. The Government’s report further states that with a view to eliminating all criminal networks and blocking the channels of trafficking in persons, the Ministry of Internal Affairs (MIA) of Ukraine together with the law enforcement authorities of the Republic of Turkey arrested all members of this criminal group and liberated from sexual slavery the victims who were Ukrainian women. During the same period, another transnational organized criminal group which was engaged in trafficking in women to the UAE and other states for sexual exploitation was dismantled and the unlawful activity of 11 members of this group, including the nationals of Ukraine, Russian Federation, Iraq and the UAE was terminated.

With regard to the practical application of the provisions of the Criminal Code, the Committee notes the Government’s indication that in 2009, 279 crimes including 42 crimes involving children were registered under section 149 of the Criminal Code; 41 crimes involving children were detected in 2010 and 11 crimes involving children were detected during the first five months of 2011. Similarly, in 2009, 15 criminal cases were registered under section 150 of the Criminal Code (exploitation of children), 14 cases in 2010, and 3 cases during the first five months of 2011. Furthermore, 1,904 cases involving children in a criminal activity/begging (section 304 of the Criminal Code) were registered in 2009, 1,993 cases were registered in 2010 and 1,104 cases were registered during the first five months of 2011. The Committee further notes the Government’s information that with regard to section 150-1 of the Criminal Code (using or coercing a child for begging), 87 cases were reported in 2009, 94 cases in 2010, and 45 cases during the first five months of 2011. Nonetheless, the Committee notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 21 April 2011 (CRC/C/UKR/CO/3-4, paragraph 80), remained concerned that Ukraine continues to be one of the largest source countries of trafficking in Europe, and expressed its regret at the lack of information on prosecutions of persons engaged in trafficking of children. While acknowledging the various efforts taken by the Government in the area of trafficking, the Committee observes that the trafficking of children still remains a major issue in Ukraine. Accordingly, the Committee requests the Government to strengthen its efforts to ensure in practice, the protection of children under 18 years of age from the sale and trafficking of children for labour or sexual exploitation. In this regard, it requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who engage in the sale and trafficking of children are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, in accordance with the national legislation in force. The Committee also requests the Government to continue to supply specific information on the practical application of sections 149, 150, 304 and 150-1 of the Criminal Code, including statistics on the number of prosecutions, convictions and penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution, production of pornography or for pornographic performances. The Committee noted the Federation of Trade Unions of Ukraine’s (FTUU) allegations that in Ukraine, children as young as 10 years old were involved in prostitution, pornographic activities and the sex industry. It observed that, although various provisions of the Penal Code prohibited the commercial sexual exploitation of children, it remained an issue of concern in practice.

The Committee notes the Government’s information that in 2009, 1,012 crimes were registered under section 301 of the Criminal Code (importation, manufacturing, marketing and dissemination of pornographic articles) including 16 cases involving minors. In 2010, 10 cases involving minors and in 2011, three cases involving minors, were registered. Similarly, in 2009, 866 crimes including 16 cases involving minors were registered under section 303 of the Criminal Code (trading and involving persons in prostitution), in 2010, nine cases involving minors and, in 2011, eight cases involving minors were registered. The Committee further notes the Government’s information with regard to the various institutional and practical measures taken by the MIA to improve the efficiency of the activities of the law enforcement bodies in terms of the prevention and detection of crimes against children. In 2011, the representatives of the MIA participated in an international workshop on the fight against spread of child pornography on the Internet, and in a training seminar entitled “Struggle against sexual exploitation of children – exchange of best practices”, held by the Ministry of Internal Affairs of the Republic of Moldova and the NGO “La Strada”. In addition, the Committee notes the Government’s statement that measures have been taken to identify the places of registration of the websites where child pornography is posted, and the persons who are responsible with the creation and updating of these sites. However, the Committee notes, the grave concern expressed by the CRC, in its concluding observations of 21 April 2011 (CRC/C/UKR/CO3-4, paragraph 78), at the increase in the number of cases of sexual abuse, exploitation and involvement of children in prostitution and pornographic materials, and the alarmingly high number of Internet users of child pornography (5 million users per month). The Committee expresses its deep concern over the situation of children involved in prostitution and pornography and urges the Government to strengthen its efforts to eliminate the use, procuring or offering of children under the age of 18 for prostitution, the production of pornography and for pornographic performances. It also urges the Government to ensure that any person found guilty of committing an offence against minors under sections 301 and 303 of the Criminal Code is prosecuted and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide information on the measures taken to this end and on the results obtained, particularly in terms of the number of investigations and prosecutions carried out and sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee noted that the ILO–IPEC programme on child trafficking entitled “Prevention and reintegration programme to combat trafficking of children for labour and sexual exploitation in the Balkans and Ukraine” (PROTECT CEE 2001–07), ended in 2007. It requested the Government to continue taking measures under other action programmes to remove children from trafficking and provide for their rehabilitation and social integration.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes from the concluding observations of the CRC of 21 April 2011 (CRC/C/UKR/CO3-4, paragraph 80) that a National Programme for countering Human Trafficking (2007–10) was adopted and implemented by the Government. The Committee requests the Government to provide information on the results achieved pursuant to the implementation of the National Programme for countering Human Trafficking 2007–10, particularly with regard to the number of children removed from trafficking as well as the rehabilitation and social integration measures adopted for those children. It also requests the Government to provide information on any other action programmes established in terms of the elimination of trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Sale and trafficking and commercial sexual exploitation of children. The Committee noted the Government’s information that the organization “End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes” (ECPAT International), along with the non-governmental organization “La Strada-Ukraine”, were implementing a project on the “Development of the national system of assistance of child victims of trafficking and sexual exploitation”. The Committee requested the Government to provide information on the implementation of the ECPAT/La Strada-Ukraine project and its results.

The Committee notes the absence of information in the Government’s report on this point. In this regard, the Committee notes that the CRC, in its concluding observations of 21 April 2011 (CRC/C/UKR/CO3-4, paragraph 78), expressed concern at the extremely limited number of rehabilitation centres specifically dedicated to providing assistance to child victims of sexual exploitation. The Committee urges the Government to increase the availability and accessibility of rehabilitation centres to provide appropriate and effective services, including legal, psychological and medical services to child victims of sexual exploitation and trafficking. It requests the Government to provide information on the measures taken in this regard.